Winter weather in New Jersey can quickly turn sidewalks and walkways into huge safety hazards. When ice and snow accumulate, property owners face questions about their legal responsibilities. Who has to clear the sidewalks? How quickly do they have to remove snow and ice? What happens if someone falls on an icy walkway? Fortunately, you can get answers to these questions with the help of a knowledgeable lawyer.
At Mandelbaum Barrett PC, our personal injury team helps property owners and injury victims understand these complex rules. With decades of experience and a personalized approach, we represent clients across New Jersey in premises liability cases involving winter weather hazards, ensuring property owners know their obligations and injury victims receive the compensation they deserve.
Understanding New Jersey’s Snow Removal Laws
New Jersey law treats residential and commercial property owners differently regarding snow and ice removal duties. Residential property owners generally face no state-level duty to clear naturally accumulating snow and ice from public sidewalks adjacent to their homes. However, commercial property owners and landlords of multi-family buildings carry a higher duty of care.
The state follows the ongoing storm rule, which provides that property owners do not have a duty to remove ice or snow from walkways until precipitation ends. This rule recognizes the impracticality of clearing snow while it keeps falling. Once the storm stops, different rules apply depending on the property type.
Residential Property Owner Duties
Homeowners in New Jersey do not face automatic liability for naturally occurring snow and ice on public sidewalks. The state places this responsibility on municipalities rather than individual homeowners. However, homeowners can become liable if they attempt to clear snow negligently and create a more dangerous condition than existed before.
For example, if a homeowner partially clears a sidewalk but leaves patches of ice that become hidden under a thin layer of snow, they may face liability for injuries. The key is that once a homeowner intervenes in the natural condition, they must do so reasonably and carefully.
Commercial Property Owner Responsibilities
Commercial enterprises face significantly greater obligations. Businesses must maintain safe premises for customers and visitors, which includes removing snow and ice from sidewalks and entryways. Courts recognize that commercial properties invite the public onto their premises and, therefore, must take reasonable care to prevent foreseeable hazards.
The landmark case Stewart v. 104 Wallace Street, Inc. established that commercial property owners in New Jersey have a duty to keep adjacent public sidewalks safe. This means businesses must take active steps to remove snow and ice within a reasonable timeframe after a storm ends.
Local Ordinance Requirements for Snow and Ice Removal
Beyond state law, most New Jersey municipalities enforce their own snow removal ordinances. These local rules often impose stricter requirements than state law and may include the following elements:
- Time limits: Many towns require property owners to clear sidewalks within 12 to 24 hours after snowfall ends.
- Width requirements: Some municipalities specify how wide the cleared path must be, typically ranging from two to three feet.
- Penalties for non-compliance: Cities may issue fines or clear the snow themselves and bill the property owner.
For instance, Newark requires property owners to remove snow and ice within 12 hours of daylight after snowfall. Woodbridge mandates a three-foot-wide cleared path. Morristown may clear snow itself and place a tax lien on properties where owners fail to comply.
These local ordinances apply to property owners even when state law would not hold them liable for slip-and-fall injuries. While a homeowner might not face a lawsuit for failing to clear their sidewalk, they could still receive municipal fines or penalties.
Landlord and Tenant Obligations
Rental properties present unique questions about snow removal duties. Generally, the lease agreement determines who is responsible for clearing snow and ice. Many landlords include clauses in leases that transfer maintenance duties to tenants, including snow removal.
When analyzing liability for slip-and-fall accidents on rental properties, courts examine who controls the area where the injury occurred. If a lease grants a tenant exclusive control over a driveway or walkway, the tenant may be responsible for maintaining that area. However, landlords cannot completely escape liability through lease provisions if they maintain control over common areas.
What Creates Liability for Snow and Ice Injuries?
Property owners may face liability for slip-and-fall injuries under certain conditions. To establish a valid premises liability claim based on snow or ice, injured parties must typically show the property owner had a legal duty to remove the hazard, knew or should have known about the dangerous condition, and failed to take reasonable action.
New Jersey courts also consider whether the property owner’s actions created or worsened the hazardous condition. If snow removal efforts leave behind dangerous patches of ice or create drainage problems that cause refreezing, the property owner may be liable even if they attempted to fulfill their duty.
Protect Your Rights After a Snow or Ice Injury with Mandelbaum Barrett PC
Slip and fall accidents on snow and ice can result in serious injuries, from broken bones to head trauma. Property owners throughout New Jersey must follow both state law and local ordinances when maintaining their sidewalks and walkways during winter weather. Whether you own property or have suffered an injury, understanding these rules helps protect your legal rights.
With decades of experience handling personal injury claims, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters. We work with clients across New Jersey to resolve premises liability cases and hold negligent property owners accountable. If you suffered injuries in a slip-and-fall on snow or ice, contact us today to discuss your case.